Travelers Ins. Co. v. Beagles

• Decision Date: 12 August 1933
• Docket Number: No. 31189.,31189.
• Citation: 62 S.W.2d 800
• Parties: THE TRAVELERS INSURANCE COMPANY, a Corporation, v. GRACE H. BEAGLES and MONROE BEAGLES, Appellants.
• Court: Missouri Supreme Court

62 S.W.2d 800

THE TRAVELERS INSURANCE COMPANY, a Corporation, v. GRACE H. BEAGLES and MONROE BEAGLES, Appellants.

No. 31189.

Supreme Court of Missouri, Division Two.

August 12, 1933.

Appeal from Audrain Circuit Court. — Hon. W.C. Hughes, Judge.

AFFIRMED.

Clarence A. Barnes for appellants.

(1) The court erred in excluding the deeds offered in evidence by defendants on the ground that they were subsequent to plaintiff's deed of trust. The deeds were evidence of conveyances between the parties defendant, and were properly admissible, whether followed up with proof of title from a different source, or of title antedating that attempted to be shown by plaintiff, or that the property was not the separate property of Grace Beagles. Lumber Co. v. Jones, 220 Mo. 197. (2) The defendants' demurrer should have been given and sustained. Plaintiff failed to prove, (a) that defendant Grace Beagles took or claimed to take title to the real estate involved by purchase by its Exhibit A, the quitclaim deed form Locke and Atkinson to her, and that they were the common source of title. (b) That the recited consideration was the true consideration. (c) That the recited consideration, or any consideration was paid with her separate money or means. Sec. 3003, R.S. 1929. Two sections of our statutes, commonly known as the Married Woman's Act, namely, Sections 2998 and 3003. Revised Statutes 1929, are to be read together. In the first she can carry on and transact business as a femme sole so far as to enable her to carry on and transact business on her own account; in the other section, all real estate transactions involving real estate acquired by purchase during coverture are limited to purchases made with her separate money or means. Sec. 3003, R.S. 1929; Brook v. Barker, 287 Mo. 19. (3) It was error to give plaintiff's Instruction No. 1 (1B). The petition fixed the maximum damages for the withholding possession at $500, the instruction authorized $1500 on this item. This error was emphasized by plaintiff's Instruction 2. Cox v. St. Louis, 11 Mo. 431; Beckwith v. Boyce, 12 Mo. 440; Horton v. St. Louis, I.M. & S. Ry. Co., 83 Mo. 541; Central Natl. Bank v. Pryor, 207 S.W. 298; Humphreys v. Ry. Co., 191 Mo. App. 710.

Meredith & Harwood and Gardner Smith for respondent.

(1) Plaintiff's petition properly joined a count in ejectment with a count to quiet title. Lane v. Dowd, 172 Mo. 166; Mann v. Doerr, 222 Mo. 1; Friel v. Alewel, 318 Mo. 9; Jamison v. Galloway, 254 S.W. 101; Scott v. Scott, 26 S.W. (2d) 598. (2) The deed of trust executed by the defendant Grace H. Beagles to Chas. W. Reeves, trustee for the plaintiff, and the trustee's deed executed by Chas. W. Reeves thereunder, conveyed to the plaintiff the land in controversy free from any interest of either or both of the defendants. (a) The Married Woman's Act empowered the wife to convey her land by her sole deed. Farmers Exchange Bank v. Hageluken, 165 Mo. 443; Kirkpatrick v. Pease, 202 Mo. 471; Evans v. Morris, 234 Mo. 177; Riggs v. Price, 277 Mo. 333; Brook v. Barker, 287 Mo. 13; O'Brien v. Sedalia Trust Co., 319 Mo. 1001; Duncan v. Duncan, 324 Mo. 167. (b) Under the evidence the land in question was the separate property of Grace Beagles when she executed the deed of trust to The Travelers Insurance Company. McCartney v. Finnell, 106 Mo. 445; Paul v. Leavitt, 53 Mo. 595; Schafroth v. Ambs, 46 Mo. 580; Klenke v. Kocltze, 75 Mo. 239; Aeby v. Aeby, 192 S.W. 97; Crump v. Walkup, 246 Mo. 266; Siling v. Hendricksen, 193 Mo. 381; Brown v. Daugherty, 120 Fed. 531; Schmalhorst v. Peebles, 71 Mo. App. 219; McCray Lumber Co. v. Standard Construction Co., 285 S.W. 104. (c) The defendant Monroe Beagles has no dower interest in this land. O'Brien v. Trust Co., 319 Mo. 1001, 5 S.W. (2d) 74; Thomas v. McGhee, 320 Mo. 519, 8 S.W. (2d) 71; Scott v. Scott, 324 Mo. 1055, 26 S.W. (2d) 598. (d) Defendants have no homestead interest in this land. Collier v. Porter, 16 S.W. (2d) 49; Rouse v. Caton, 168 Mo. 288; State v. Sinclair, 250 Mo. 278; Teckenbrock v. McLaughlin, 246 Mo. 711; State Bank of Eagle Grove v. Daugherty, 167 Mo. 1; Tucker v. Wells, 111 Mo. 399; Greer v. Major, 114 Mo. 145; Kaes v. Gross, 92 Mo. 647. (3) Plaintiff was not required to prove title in Locke and Atkinson in 1903 or the manner in which they acquired title. Graton v. Land and Lumber Co., 189 Mo. 322; Riley v. O'Kelly, 250 Mo. 647; Gage v. Cantwell, 191 Mo. 698; Howell v. Sherwood, 242 Mo. 513; Andre v. Andre, 288 Mo. 271. (4) The court did not err in excluding the deeds offered by defendants. Parsons v. Parsons, 45 Mo. 265; Derby v. Donohoe, 208 Mo. 684; McReynolds v. Grubb, 150 Mo. 352; Peters v. Berkemeier, 184 Mo. 393; Chambers v. Chambers, 227 Mo. 262. (5) The court did not err in giving plaintiff's Instruction No. I (I-B). Wells v. Zallee, 59 Mo. 509; Huhn v. Ruprecht, 2 S.W. (2d) 760; McQuary v. Railway Co., 306 Mo. 697; Dillen v. Wabash Ry. Co., 294 S.W. 439.

WESTHUES, C.

This is an appeal from a judgment in ejectment against appellants and a decree vesting title in respondent to the following described real estate situated in Audrain County, Missouri:

"The East Half of the Southwest Quarter and the Southwest Quarter of the Southwest Quarter of Section 2; The Northeast Fourth of the Northeast Quarter and the South Half of the Northwest Fourth of the Northeast Quarter of Section 10; The North Half of the Northwest Quarter of Section 11, all in Township 52 North, Range 8 West of the 5th P.M."

Respondent's, plaintiff below, petition was in two counts, the first in ejectment and the second to try, ascertain and determine the title of plaintiff and defendants to the land in controversy. Appellants, defendants below, are husband and wife. They filed separate answers consisting of a general denial and a claim that a part of the land described in plaintiff's petition constituted a homestead; that Monroe Beagles, the husband, was entitled to an inchoate right of dower in the lands and that a part of the lands was owned by defendants as an estate by the entirety.

The cause was tried before a jury and resulted in a verdict for plaintiff on the first count, for the possession of the land and $190 as damages for the occupancy and detention thereof. The rental value was fixed by the jury at $30 per month. The jury also returned a verdict for plaintiff on the second count declaring that plaintiff was the owner of the land described. After unsuccessfully moving for a new trial defendants appealed from the judgment entered in accordance with the verdict.

Plaintiff to sustain its claim introduced in evidence a quitclaim deed from E.R. Locke and wife and William F. Atkinson conveying the land to defendant, Grace Beagles. This deed was dated February 14, 1903. It purported to convey the land described in plaintiff's petition and other lands for a consideration of $12,000. Plaintiff next introduced a deed of trust executed by defendant, Grace Beagles, alone, conveying the land described to Charles W. Reeves in trust to secure the payment of certain notes to respondent, The Travelers Insurance Company. This deed of trust was dated December 13, 1924. Plaintiff then introduced in evidence a trustee's deed, dated January 24, 1930, executed by Charles W. Reeves as trustee, conveying the lands to respondent. Respondent also offered in evidence a demand for possession which was served upon appellants on April 23, 1930. There was evidence of the rental value of the land and of damages sustained for the wrongful detention thereof by defendants.

Appellants offered evidence that they, as husband and wife, had occupied the land since the year 1903; that a granddaughter, age nine years, had made her home with them for the past seven years. Appellants then offered to introduce in evidence certain deeds, which the court on plaintiff's objections rejected. These deeds were a warranty deed dated May 6, 1926, whereby appellants conveyed a part of the lands described to one R.D. Rogers and a quitclaim deed dated the 6th day of May, whereby the land was conveyed by R.D. Rogers to appellants, James Monroe Beagles and Grace H. Beagles, husband and wife, as an estate by the entirety. Plaintiffs also offered and the court rejected a warranty deed, dated the 12th day of April, 1929. By this deed Grace H. Beagles deeded to Monroe Beagles, her husband, an undivided one-half interest in one hundred and twenty acres of the land.

Under this evidence the trial court instructed the jury to find for plaintiff on both counts of the petition. The two principal questions presented on this appeal are: First, was the evidence sufficient to support a judgment for plaintiff as against defendants? Second, did Grace Beagles have the power to convey good title by the deed of trust without her husband joining in the conveyance? We will treat these in the inverse order.

[1, 2] By the quitclaim deed offered in evidence, dated February 14, 1903, E.R. Locke and wife and William F. Atkinson conveyed whatever title they had at that time to the lands in question and other lands to Grace H. Beagles for a stated consideration of $12,000. This deed recites that the consideration was paid by Grace Beagles. No evidence was offered to contradict the recitals of the deed. The point made by appellants that there was no proof that the recited consideration or any consideration was paid with her money or means is without merit. Unless there is proof to the contrary the recitals in a deed must be taken as true. Grace Beagles, by her deed of trust, conveyed to a trustee all of her title to the lands to secure the payment of certain notes. If she had the power to convey the title by deed without her husband joining therein then she had the right to convey the title by deed of trust. Section 2998, Revised Statutes 1929, of the Married Woman's Act, provided that: "A married woman shall be deemed a femme sole so far as to enable her to carry on and transact business on her own...